87R6555 ANG-F     By: Rodriguez H.B. No. 4006       A BILL TO BE ENTITLED   AN ACT   relating to the locations at which a new open-enrollment charter   school or campus may be established.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.101(b-4), Education Code, is amended   to read as follows:          (b-4)  Notwithstanding Section 12.114, approval of the   commissioner under that section is not required for establishment   of a new open-enrollment charter school campus if the requirements   of this subsection are satisfied. A charter holder having an   accreditation status of accredited and at least 50 percent of its   student population in grades assessed under Subchapter B, Chapter   39, or at least 50 percent of the students in the grades assessed   having been enrolled in the school for at least three school years   may establish one or more new campuses under an existing charter   held by the charter holder if:                (1)  the charter holder is currently evaluated under   the standard accountability procedures for evaluation under   Chapter 39 and received a district rating in the highest or second   highest performance rating category under Subchapter C, Chapter 39,   for three of the last five years with at least 75 percent of the   campuses rated under the charter also receiving a rating in the   highest or second highest performance rating category and with no   campus with a rating in the lowest performance rating category in   the most recent ratings;                (2)  the new campus will not be located within five   miles of a school district's or open-enrollment charter school's   campus that is assigned an overall performance rating of B or higher   under Section 39.054 for the preceding school year;                (3)  the charter holder provides written notice to the   commissioner of the establishment of any campus under this   subsection in the time, manner, and form provided by rule of the   commissioner; and                (4) [(3)]  not later than the 60th day after the date   the charter holder provides written notice under Subdivision (3)   [(2)], the commissioner does not provide written notice to the   charter holder that the commissioner has determined that the   charter holder does not satisfy the requirements of this section.          SECTION 2.  Subchapter D, Chapter 12, Education Code, is   amended by adding Section 12.1152 to read as follows:          Sec. 12.1152.  LOCATION OF CERTAIN OPEN-ENROLLMENT CHARTER   SCHOOLS.  Notwithstanding any other provision of this subchapter,   the commissioner may not grant a charter for an open-enrollment   charter school under this subchapter or approve a request for an   expansion amendment to establish a new open-enrollment charter   school campus under Section 12.114 for a school or campus that would   be located within five miles of a school district's or   open-enrollment charter school's campus that is assigned an overall   performance rating of B or higher under Section 39.054 for the   preceding school year.          SECTION 3.  (a) Section 12.101(b-4), Education Code, as   amended by this Act, applies only to a new open-enrollment charter   school campus established on or after the effective date of this   Act.          (b)  Section 12.1152, Education Code, as added by this Act,   applies only to an application for a charter for an open-enrollment   charter school or a request for approval of an expansion amendment   to establish a new open-enrollment charter school campus submitted   on or after the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2021.